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MHNS010056282022
Order below Exh. 1 in Criminal Bail
Application No. 1344/2022.
1.
This is an application moved by the applicant/accused Sunny
Vishnu Jagtap under section 439 of the Code of Criminal Procedure in
C.R.No. I303/2022 registered against accused at NashikRoad Police
Station for the offence punishable under sections 302, 326, 324, 323, 504,
143, 147, 148, 149 of the Indian Penal Code.
2.
It is submitted by the accused that he is innocent and has no
concern with the offence. He is in the second year of B.A. Offence leveled
against him are wrong. Name of the present accused is not mentioned in
the complaint. He is not directly or indirectly concern with the offence.
On suspicion he has been arrested. Nothing has been seized from him.
Accused has no antecedents. He is ready to abide by all the terms and
conditions. Hence, prayed to allow the application.
3.
Say was called of the investigating officer. He has objected
this application on the count that, offence is serious in nature. Accused in
connivance with their associates have committed this offence. Accused
persons have assaulted the complainant with iron sickle, rod, fighter,
wooden stick and caused death of deceased. Weapon have been seized.
Accused Nos. 6 to 8 are yet absconding. Iron rod and stick are yet to be
recovered. If accused is released on bail he will threaten the witnesses
and there is possibility of committing cognizable offence. Hence, prayed
that application be rejected.
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4.
Heard Ld. APP and Ld. Advocate for accused. Advocate for
the accused has argued that the complaint does not reflect the name of the
accused. He was not absconding. No witnesses have stated the name of
the accused.
Nothing has to be seized.
Hence, prayed that bail be
granted. On the other hand Ld. APP has submitted that in supplementary
statement involvement of the accused is reflected as he has assaulted by
iron rod. Coaccused are absconding. Hence, prayed that application be
rejected.
5.
On perusing the say and the case paper filed by I.O. it is
categorically stated that after accused was arrested iron sickle and fighter
was found from the house of Gopinath Pawar. There was conversation
between accused No. 1 and present accused and he has also made phone
call to the deceased. Supplementary statement of the complainant reflects
the brutal manner in which deceased and complainant were assaulted it
also reflects presence of the present accused at the spot and he has
assaulted the deceased by iron rod on his chest, stomach and leg.
Postmortem report reflect the cause of death to be ‘Septicemia with
cerebro pulmonary edema in case of blunt trauma to chest, face and head’.
In such circumstances when accused has assaulted the deceased with iron
rod on vital part of his body. Prima facie it reflects that accused has
committed the offence. Investigation is in progress. Hence, I am not
inclined to release the accused on bail. Hence, I proceed to pass following
order :
ORDER
Application is hereby rejected.
Nashik.
Date : 21/11/2022.
Sd/xxx
(V.S.MalkalpatteReddy)
Additional Sessions Judge,
Nashik.